Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-27


ting in equity in the judicial district in
which the common carrier complained
OF has its principal Office, or IN which
the violation or disobedience OF such
order or requirement shall happen, al
leo;nq such violation or disobedience,
as the case may be !; and the said court
shall have power to hear and determine
the matter ON such short notice to the
common carrier complained OF as the
court shall deem reasonable {; and such
notice NAV be served on such common
carrier. his or its officers, agents, or
servants. in such manner as the court
shall direct; and said court shall pro-
coed TO hear and determine Che mat
ter speedily as a court OF equity and
without the formal pleadings and pro-
ceeding applicable to ordinary SUITS IN
equity. but in such manner as TO do
Justice in the premises and 10 this end
such court shall have power, II 1t think
fit, to direct and prosecute, III such
mode and by such persons as 1t may
appoint. all such inquiries as the court
may think needful to enable 1t to form
a lust Judgment in the matter OF such
petition, and on such hearing the re-
port Of said commission shall BIZ priala-
idcie evidence of the matters therein
stated and il it be made to appear to
such court, on such hearing or on re-
port of any such person or persons,
that the lawful order or requirement OF
said commission drawn in question has
been violated or disobeyed, it shall be
lawful for such court to issue a writ of
Injunction or other proper process,
mandatory or otherwise. to restrain
such common carrier from further con-
tinuing such violation or disObedienceof
such order or requirement of said com
mission, and enjoining obedience to the
same and in case of any disobedience
of any such writ of injunction or other
proper process, mandatory or other
wise. it shall be lawful for such court
to issue writs of attachment, or any
other process of said court incident or
applicable to writs of injunction or
other proper process, mandatory or
otherwise. against such common car
rier, and if corporation, against one
or more of the directors, officers, or
agents of the same, or against any
owner, lessee, trustee, receiver, or
other person failing to obey such writ
of injunction or other proper process,
mandatory or otherwise and said court
may, if it shall think fit, make an order
directing such common carrier or other
person so disobeying such writ of in
junction or other proper process, man
datory or otherwise, to pay such sum
of money not exceeding for each carrier
or person in default the sum of 500 for
every day after day to be named in
the order that such carrier or other per-
son shall fail TO obey such injunction
or other proper process, mandatory or
otherwise and such moneys shall be
payable as the court shall direct. either
to the party complaining, or into court
to abide the ultimate decision of the
court, or into the Treasury and pay
ment thereof may, without prejudice to
any other mode of recovering the same,
be enforced by attachment or order in
the nature of writ of execution, in
like manner as il the same hal been
recovered bya final decree in persOnana
in such court. When the subject in
dispute shall be of the value Of 5000
or more, either party to such proceed
ing before said court may appeal to the
Supreme Court of the United States,
under the same regulations now pro-
vided by law in respect of security for
such appeal but such appeal shall not
operate to stay or supersede the order
of the court or the execution of any
writ or process thereon and such court
may, in every such matter, order the
payment of such costs and counsel fees
as shall be deemed reasonable. When
ever any such petition shall be filed or
presented by the commission it shall be
the duty of the district attorney, under
the direction Of the Attorney-General
of the United States, to prosecute the
same and the costs and expenses OF
such prosecution shall be paid out of
the appropriation for the expenses
of the courts of the United States.
For the purposes of this act, excepting
its penal provisions, the circuit courts
Of the United States shall be deemed
to be always in session.
Section II. That the commission
may conduct its proceedings in such
manner as will best conduce to the pro-
per dispatch of business and to the ends
of justice. A majority of the commits
sion shall constitute a quorum for the
transaction of business, but no commits
sioner shall participate III any hearing
or proceeding in which he has any
pecuniary interest. Said commission
may, from time to time, make or amend |
such general rules or orders as may be |
requisite for the order and regulation of |
proceedings before it, including forms |
of notices and the service thereof, which |
shall conform, as nearly as may be, to |
those III use in the courts of the United |
States. ANY party may appear before
said commission and be heard, in per |
son or by attorney. Every vote and |
official act of the commission shall be |
entered of record, and its proceedings |
shall be public upon the request of |
either party interested. Said commits
sion shall have an official seal, which |
shall be judicially noticed. Either of |
the members Of the commission may adj |
oaths and aflirmations.
Section IS. That each commissioner
shall receive an annual salary of |
81, 500, payable in the same manner as
the salaries of judges of the. courts OF |
the United States. The commission
shall appoint a secretary, who shall re-
ceive an annual salary of 80, 800, pay
able in like manner. The commission
shall have authority to employ and fix
tie compensation of such other en-
ploy(s as it may find necessary to the
proper performance of its duties, sub
ject to the approval of the Secretary of
the Interior.
The commission shall be furnished
by the Secretary of the Interior with
suitable Offices and all necessary Office
supplies. Witnesses summoned before
the commission shall be paid the same
lees and mileage that are paid wit
nesses In the courts of the United
States. All of the expenses of the COM
including all necessary ex-
penses for transportation incurred by
he commissioners, or by their EN-
ployts under their orders, in making
my investigation in any other places
han in the city of Washington, shall
De allowed and paid on the presenta-
ion of itemized vouchers therefor APP
proved by the chairman of the COM
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